Ordinance No. 11,303ORDINANCE NO. 11,303
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS. AMENDING CHAPTER
26 "COMMUNITY DEVELOPMENT." ARTICLE II "URBAN REHABILITATION
STANDARDS,' DIVISION 3 "REVIEW BOARD." SECTION 26 -106 "NOTICE OF
DETERMINATION OF UNFIT. OBSOLETE, DILAPIDATED OR SUBSTANDARD
STRUCTURE AND OF PUBLIC HEARING: BURDEN OF PROOF: ORDERS: TIME
PERIOD TO COMPLY: FAILURE TO COMPLY" OF THE CODE OF ORDINANCES
OF THE CITY OF BAYTOWN. TEXAS. BY ADDING A NEW SUBSECTION
NUMBERED SUBSECTION (F) TO PROVIDE FOR AN APPEAL TO THE CITY
COUNCIL; PROVIDING A REPEALING CLAUSE: CONTAINING A SAVINGS
CLAUSE: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS:
Section 1: That Chapter 26 "Community Development." Article II "Urban Rehabilitation
Standards," Division 3 "Review Board." Section 26 -106 `Notice ol' determination of unfit. obsolete.
dilapidated or substandard structure and of public hearing: burden of proof: orders; time period to
comply, failure to comply" is hereby amended by adding a new subsection numbered (h), which
subsection shall read as follows:
CHAPTER 26. COMMUNITY DEVELOPMENT
ARTICLE 1I. URBAN REHABILITATION STANDARDS
Division 3. Review Board
Sec. 26 -106. Notice of determination of unfit, obsolete, dilapidated or substandard structure and of
public hearing; burden of proof; orders; time period to comply; failure to comply.
(h) An order of the board issued under this section may be appealed to the city council by a person
subject to the order if the appeal is in writing, filed with the city clerk within ten days of the date
of the order, from which the appeal is taken, and the appeal specifies:
(1) the date of such order:
(2) a description of the property subject to the order:
(3) the party making the appeal along with his relation to the owner, lienholder. or mortgagee
and his /her authority to file the appeal on behalf of such person: and
(4) detailed reason(s) for the appeal.
Upon the filing of the appeal, the time period to comply with the order shall be stayed until the
City Council affirms, modifies, or reverses the order. Upon receipt of the appeal, the city clerk
shall place an item on a city council agenda for which proper notice can be given. The city clerk
shall notify the appellant as to the date and place where the city council will consider the appeal.
The city council after conducting the appeal may. by majority vote, affirm, modify or reverse the
board's order.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed: provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating
and governing the subject matter covered by this ordinance.
Section 3: If any provision. section. exception. subsection, paragraph. sentence. clause or
phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any
reason be held unconstitutional, void or invalid. such invalidity shall not affect the validity of the
remaining provisions of this ordinance or their application to other persons or sets of circumstances and to
this end all provisions of this ordinance are declared to be severable.
Section 4: This ordinance shall take effect from and after ten (10) days from its passage by
the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance. A
INTRODUCED. READ, and PASSED by the affirmative vote'Te City Council of the City of
Baytown, this the I Ph day of February, 2010.
APPROVED AS TO FORM:
I ACIO RAMIREZ, SR., Ci ttorney
STEP)4EN R—�NCARLOS, Mayor
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